How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the training and consulting industry industry affect EB-2 NIW petition outcomes?

The training and consulting industry sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW)

Consultant

Training And Consulting Industry · 2024-10-18

Decision Date

2024-10-18

This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to operate a business training and consulting business. This endeavor aims to impact the information technology industry and the broader business and social welfare interests across the nation through training and consulting services.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner failed to establish that the proposed endeavor had a potential prospective impact extending sufficiently beyond individuals to broadly impact the information technology industry or create jobs at a national level.

2 Petitioner is well-positioned to advance the endeavor Not Met

The Director concluded that the petitioner did not establish he was well-positioned to advance the proposed endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director concluded that the petitioner did not establish that, on balance, it would benefit the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to present new facts for reopening and did not establish that the prior decision was based on an incorrect application of law or policy for reconsideration. The Director and AAO found the petitioner did not establish the national importance of his endeavor (Prong 1), that he was well-positioned (Prong 2), or that a waiver would benefit the U.S. (Prong 3). The evidence provided was deemed insufficient to show broad impact or job creation at a national level.

Evidence

Evidence Types

Reference Letters Dependent

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-18.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814

Success Rate 53.6%

Sustained 2,046

Dismissed 1,672

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